Code of Civil Procedure, 1908 – Order 7, Rule 14(3) – Additional Evidence – Not allowed – Petition against rejection of application for additional evidence – Held: The application filed by the plaintiff under Order 7, Rule 14(3) of the Code of Civil Procedure was as vague as it could have been. No cogent explanation was given therein as to why the documents in issue were not placed on record by the plaintiff earlier because the documents, description whereof was given in the application, were not such documents that plaintiff could not have placed on record earlier had he exercised due diligence. Besides this, as the suit filed by the plaintiff is for declaration that Will dated 01.09.2009 is a forged and fabricated document, therefore also, it is not understood as to what was the relevance of these documents for the purpose of obtaining said declaration from the learned Trial Court.
The learned Court below is the correct view as indeed the plaintiff failed to demonstrate the necessity and relevance of the documents which he intended to place on record by way of application under Order 7, Rule 14(3) of the CPC. Therefore, learned Court below rightly rejected the application. (Para 7, 9)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 240 HP
Sohan Lal Vs. Subhash Chand And Others
CMPMO No. 321 of 2023-Decided on 04-10-2023
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